AwaitingLaunch_1397728623369

The ICoC Project: A Way to Avoid Mutually Exclusive
Approaches?
A parallel with the security situation in space can be drawn directly from this
way of proceeding. As this kind of aggiornamento may not be conceived as a
definitive solution, even the most sceptical observers have recognised that it
allows intervening in the best of collective interests, even if in a limited
manner. A similar situation may prevail for those space security issues that
will have to be tackled in the short term and that certainly puts EU in a
position to exert its peculiar expertise in effective “quick fixes”.
In a more profound way, this may show that a Code of Conduct-based
solution may not be irremediably opposed to any treaty-based solution in the
longer term. It can certainly be admitted that the particular urgency of the
security situation in space can motivate some form of political pragmatism
and lead the main spacefaring nations to get to agree on an acceptable modus
vivendi as represented by something like a CoC and based on those nations'
good will. But of course, such a first move may also signal a general intent on
behalf of the state parties to look for a more long-term and engaging legal
solution, possibly leading to a future common agreed treaty. In any case, one
immediate advantage of proceeding in such an incremental manner would be
to provide more time to discuss possible contentious elements of any future
text without blocking the whole discussion process altogether. As a matter of
fact, it can even be advanced that a first step in that direction, allowing
testing new relationships between states, may likely help in elaborating
further rules in greater mutual confidence, based on this previous experience.
Faced with the resistance displayed today by countries unwilling to get legally
engaged in a quickly-defined treaty, the CoC path might then well be
conceived as a necessary first step to create mutual confidence and
knowledge, precisely paving the way for more definitive frameworks. In this
respect, very much in line with the EU experience, the “soft law” approach
(as often labelled by sceptical lawyers) may end up proving to be an effective
way to progressively create consolidated relationships while addressing urgent
issues. Whatever the solution envisioned, space certainly deserves to be at the
centre of our collective thinking for the best of our collective security.
100 | Awaiting Launch: Perspectives on the Draft ICoC for Outer Space Activities